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l.oan No: 810084
<br />DEED OF TRUST
<br />(Continued)
<br />�i ii:r���
<br />Page 4
<br />Trust or in any of the Related Documents or to comply with or to perform any term, obligatian, covenant or condition contained in any
<br />other agreement between L.endar end Trustor.
<br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this beed of Trust, the Note
<br />or in any of the Related Documents.
<br />Default an Other Payments. Failure of Trustor within the time required by this Deed of Trust to meke any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />b�fault in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase nr sales
<br />agreement, or any nther agreement, in favor of any other creditor or person that may materially affect any of Grantor's property ar
<br />Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's abligations under this beed of Trust or any of the
<br />Related bocuments.
<br />False Statements. Any warranty, representatinn or statement made or furnished to Lender by Trustor or on Trustor's behalf under this
<br />Deed af Trust or the Relatsd Documents is false or misleading in any material respect, either now nr at the time made or furnished or
<br />becomes false or mislsading at any time thereafter.
<br />Defectiva Cnllateralization. This Deed of 7rust or any of the Related Documents ceases to be in full force and effect (inciuding failure
<br />of any collateral document to create a valid and perfected security interest or lien) at any time and fvr any reason.
<br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of 7rustor's property,
<br />any assignment for the benefit of creditors, any type of creditnr workout, ar the commencement of any proceeding under any
<br />bankruptcy vr insolvency laws by or agains# Trustor.
<br />Creditor or Forfeiture Proceedings. Cammencemsnt of foreclasure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession vr any other methnd, by any creditor ot Trustor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of 1'rustor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Default shall no# apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the
<br />bssis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and
<br />deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole
<br />discretion, �s 6eing an adequate reserve or bond for the dispu#a.
<br />Breach of Other Agreement. Any breach by Trustor under tha terms of any other agreement 6etween Trustor and Lender that is not
<br />remedied within any grace period provided therein, including without limitation any agreament concerning any indebtedness or other
<br />obligation of Trustor to Lender, whether existing now or later.
<br />Events Affacting Guarantor. Any of the preceding events occurs with respect to any guarantnr, endorser, surety, or accommodation
<br />party of any of the Indebtedness or any guerantor, endorser, surety, or accommodation party dies or becomes incompetent, or
<br />revokes or disputes the validity of, or lia6ility under, any Guaranty vf the Indebtedness.
<br />Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
<br />Inaecurity. Lender in good faith believes itself insecure.
<br />RIGHTS AND REMEpIES ON DEFAULT. If an Event of Default occurs undar this Deed of Trust, at any time thereafter, Trustee or Lander
<br />may exercise any one nr more of the foilowing rights and remedies:
<br />Acceleration Upon Default; Additional Remedies. If any Event af Default occurs as per the #erms of the Note secured hereby,
<br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and paya6le and tha same shall thareupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
<br />(a) Either in person or py agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
<br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
<br />own name or in the name of Trustee, and do any acts which it daems necessary or desirable to preserve the value,
<br />marketability or renta6ility of the Prnperty, or part of the Praperty or interest in the Property; increase the income from the
<br />Property or protect the security af the Property; and, with or without taking possession of the Property, sue tor or otherwise
<br />collect the rents, issu�s and profits of the Property, including those past due and unpaid, and apply the same, less costs and
<br />expensas of operation and collectian attorneys' fees, to any indebtedness secured 6y this Deed of Trust, all in such order as
<br />Lender may determins. The entering upon and taking possession of the Property, the collection of such rents, issues and
<br />profits, and the application thereof shall not cure or waive any default or notice of default under this Daed of Trust or
<br />invalidate any act dnne in response ta such default or pursuant ta such notice of default; and, notwithstanding the
<br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or
<br />Lender shall be entitled to exercisa every right provided for in the Note ar the Related Documents or by law upon the
<br />occurrence of any event of default, including the right to exercise the power of sale;
<br />(b) Cammence an action tn foreclose this Peed of Trust as a mortgage, appoint a receiver or specifically enfnrce any of the
<br />covenants hereof; and
<br />(c) Deliver to Trustee s written declaration of default and demand for sale and a written notice of default and election to
<br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the
<br />appropriate offices af the County in which the Property is Iocated; and
<br />(d) With respect to all pr any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
<br />under the Nebraska Uniform Commercial Code.
<br />Foreclosure 6y Power of Sale. If Lender elects to foreclose by exercise of the Power of Sala herein contained, Lender shali notify
<br />Trustee and shall deposit with Trustee this beed of Trust and the Note and such receipts and evidence of expenditures made and
<br />secured by this Deed of Trust as Trustee may require.
<br />(a) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
<br />Notice of Default and Notice af Sale ss then required by law snd by this Deed of Trust. Trustee shall, without demand on
<br />Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice af
<br />Sele having been given as required by law, seil the Property at the time and place of sale fixed by it in such Notice of Sale,
<br />either as a whole, or in separate lots or parcels or items as 7rustee shall deem expedient, and in such order as it may
<br />determine, at public auction to the highest bidder for cash in lawful money of the United States paysble at the time of sele,
<br />Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
<br />sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
<br />conclusive proof of the truthfulneas thereof. Any person, including without limitation Trustor, Trustee, or l.ender, may
<br />purchase at such sale.
<br />(b) As may be permitted by law, after deducting all costs, fees and expenses of 7rustee and of this Trust, including costs of
<br />evidence of titla in connection with sale, Trustee shall apply the proceeds of sale to payment of (i) all sums expended under
<br />the terms of this Deed af Trust vr under the terms of the Note not then repaid, including but not limited ta accrued interest
<br />and late charges, (ii) all nther sums then secured hereby, and (iii) the remainder, if any, ta the person or persons legally
<br />entitled thereto.
<br />(c) T'rustee may in the manner provided by law postpone sale of all or any portion of the Property.
<br />Remedias Not Exclusive. Trustee and Lender, and each af them, shall be entitled to enforce payment and performance of any
<br />indebtedness or obligations secured 6y this Deed of Trust and to exercise all rights and powers under this Peed of Trust, under the
<br />Nota, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; natwithstending,
<br />some or all of such indebtedness and obligations secured by this Deed of Trust may now or hareafter be otherwise sacured, whether
<br />by mortgage, daed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enfvrcement,
<br />whethar by court action or pursuant to the power of sele or other powers cvntained in this,Q�e�d �f�Tr�tt�'s��lp�r@�dice ar in any
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